This joint resolution of the Legislature calls on the Congressional Budget Office to stop the practice of preparing misleading financial estimates on the financial impact of federal legislation and adhere to the accounting standards governing public companies and to Government Accounting Standards Board standard 45 governing state and local governments.Highlighted Provisions: This resolution:

. calls on the Congressional Budget Office to immediately change its policy of preparing financial estimates on the financial impact of federal legislation that are misleading and to adhere to accounting standards governing public companies;

. urges the members of Utah's congressional delegation to sponsor legislation mandating that, in estimating the financial impact of legislation, the Congressional budget Office follow Generally Accepted Accounting Standards governing public companies and Government Accounting Standards Board standards, known as GASB 45, governing state and local governments; and

. urges that the Congressional Budget Office and
Utah
's congressional delegation take these actions to restore public faith and trust, strengthen the financial welfare and well-being of the nation, and increase transparency.

[.HJR 10 particularly mentions that Generally Accepted Accounting Standards require that companies report estimated postretirement benefits as a liability in their financial statements; and GASB, through standards known as GASB 45, requires that state and local governments report estimated Medicaid, Medicare, and Social Security benefits as a liability in their financial statements; but the United States government does not report estimated Medicaid, Medicare, and Social Security benefits as a liability.]

This joint rules resolution of the Legislature modifies provisions related to prioritization of legislation and a performance review note.

. Permits a legislative committee consisting entirely of legislators, or a mixed committee consisting of legislators and nonlegislator members, to prioritize a request for legislation for drafting;

. excludes the Rules Committee from the legislative committees that may prioritize legislation;

. requires the legislative fiscal analyst to review and analyze legislation to determine if it creates a new program or a new agency within one business day instead of three business days of receiving the legislation.

This bill amends provisions of the Election Code relating to elections on local referenda including local tax laws.Highlighted Provisions: This bill: . defines the term "local tax law"; . modifies the deadline for delivering a signed and verified referendum packet in relation to a local tax law;

. modifies dates for:

. the certification of referendum petition signatures by a county clerk; and

. evaluation of the sufficiency of a referendum petition by a local clerk;

. requires that an election on a referendum challenging a local tax law be conducted entirely by absentee ballot;

. describes requirements relating to an election described in the preceding paragraph.

. provides that, as a condition of having its candidates for elective office featured with party affiliation on the ballot at a regular general election, a registered political party shall, in addition to other requirements already existing in law:

. participate in the primary for each office where at least two candidates are seeking the nomination of the registered political party; and

. for each office where at least two candidates are seeking the nomination of the registered political party, submit to the election official, for the primary ballot, the names of at least two candidates for nomination as the registered political party's candidate.

. changes the personal exemption component of the individual income tax credit calculation from a percentage of the federal personal exemption to a fixed dollar amount per exemption.

By fixing the personal exemption at $2,962.50, enactment of this bill could increase income tax revenue

by $9,700,000 in FY 2015 and $10,100,000 in FY 2016. Also, presuming a constant WPU value, by

freezing the basic rate at the higher of 0.001477 or the certified revenue levy, enactment of this bill frees-

up $30,000,000 in FY 2016 in Education Fund appropriations to the WPU value.

By fixing the personal exemption component on the income tax return, enactment of this bill could increase the income tax liability of individuals by $9,700,000 in FY 2015 and $10,100,000 in FY 2016; for a family of 4, the tax change is about $30. The bill also imposes a minimum basic tax rate at the greater of 0.001477 or the certified revenue levy. By doing so, individuals and businesses will see an increase in property tax liability by an estimated $30,000,000 in FY 2016; for an owner of a $250,000 home, the

tax increase is about $15 and for an owner of a $1 million business property, the tax increase is about $108.

. include a plan of finance in the voter information pamphlet for a bond election;

. ensure that the bond proceeds are used to complete projects in accordance with the plan of finance;

. post on the local school board's website certain information related to the plan of finance and the status of the projects;

. subject to certain conditions, including the unanimous approval of the local school board, provides that a local school board may adjust the plan of finance for a bond that has been authorized by an election; and

. provides a remedy for a registered voter if a local school board adjusts the plan of finance without obtaining the necessary local school board approval.

. provides that a county, city, or town option sales and use tax forairports, highways, and systems for public transit may be used for additional purposes;

. provides that certain uses of a county, city, or town option sales and use tax for airports, highways, and systems for public transit shall be recommended by a metropolitan planning organization or council of governments.

Enactment of this bill expands the uses under which a county legislative body may expend certain sales tax revenue. The anticipated revenue amount involved is $16,084,000 in FY 2015 and $16,727,000 in FY 2016.

. provides that a student's participation in the Statewide Online Education Program is not considered dual enrollment;

. allows an institution within the state system of higher education to offer a secondary school level course or a concurrent enrollment course through the Statewide Online Education Program;

. provides that the website for the Statewide Online Education Program includes:

. a directory of available online courses with the online course provider listed for each course; and

. a registration page where a parent or guardian may submit an online course request;

. specifies procedures for course registration, the payment of online course fees, and services for a student with a disability that are applicable to a private school or home school student enrolled in the program

. requires a school district or charter school to use the instructional materials approved by the State Board of Education to provide child sexual abuse prevention and awareness training and instruction to:

. school personnel; and

. the parents or guardians of elementary school students;

. provides that a school district or charter school may provide child sexual abuse prevention and awareness instruction to elementary school students subject to certain requirements; and

. requires the State Board of Education to report to the Education Interim Committee.

. allows a pharmacist or pharmacy intern to dispense a refill of a prescription for aliquid legend drug administered to the eye once an amount of time has passed after which a patient should have used 50% of the dosage units of the drug according to a practitioner's instructions.

. amends the amount of the interest and dividends earned annually from the permanent state trust fund that shall be transferred on an ongoing basis from the General Fund to the permanent state trust fund;

. repeals the requirement that the amount transferred into the permanent state trust fund be treated as principal.

In FY 2014, this bill could decrease General Fund revenue by moving about $124,000 to the
Permanent
State
Trust Fund. This revenue transfer could be about $1,054,000 in FY 2015 and about $1,059,000 in FY 2016.

. repeals the requirement that an insurance producer disclose to the insurance producer's customer that the insurance producer will receive compensation from an insurer or third party administrator for insurance placement.

. permits the Department of Agriculture and a department-certified higher education institution to grow industrial hemp for the purpose of agricultural or academic research;

. exempts an individual with intractable epilepsy who uses or possesses hemp extract, and complies with other requirements, from the penalties related to possession or use of the hemp extract under the Controlled Substances Act; an individual who possesses hemp extract and administers the hemp extract to a minor with intractable epilepsy from the penalties related to administering the hemp extract to a minor under the Controlled Substances Act;

. requires the Department of Health to issue a hemp extract registration card to an individual who meets certain requirements;

. requires a neurologist signing a statement that an individual or minor could benefit from treatment with hemp extract to keep a record of the neurologist's evaluation and transmit the record to the Department of Health;

. requires the Department of Health to maintain a database of neurologist evaluations;H. [ and ]. repeals certain provisions on July 1, 2016.

School District Postemployment Health Insurance Benefit Amendments (S. Eliason)This bill modifies the State System of Public Education code by amending provisions relating to school district and charter school postemployment health insurance benefits.Highlighted Provisions: This bill:

. defines terms;

. prohibits a school district or a charter school from offering postemployment health insurance benefits to new employees under certain circumstances;

. provides an exemption for a school district or a charter school that recognizes current payments and all liabilities associated with the postemployment health insurance benefits in budgetary accounts and fully funds the annual required contributions;

. makes provisions for a school district or a charter school that fails to fund annual required postretirement health insurance contributions.

State Educational Sovereignty Act (S. Eliason)On or after May 13, 2014, a local school official may not enter into a federal education agreement to receive $50,000 or more in federal funds without approval from the State Board of Education.(2) If a local school official violates Subsection (1), the State Board of Education:(a) shall report the violation to the Education Interim Committee at the first Education Interim Committee meeting held after 30 days following the day on which the State Board of Education received notice of the violation; and (b) may reduce state money to be distributed to the local school official's school district or charter school by an amount up to two times the amount of federal money that the local school official's school district or charter school has received under the federal education agreement that violates Subsection (1). ??

Amendments to Automatic External Defibrillator Restricted Account (S. Jenkins) This bill allows the director of the Bureau of Emergency Medical Services to distribute Automatic External Defibrillator Restricted Account funds to a school that offers instruction to grades kindergarten through 6.

. modifies the date when a school district is required to adopt evaluationsystems for educators and school and district administratorsin accordance with a State Board of Education framework; and

. modifies the date when a public education employee's advancement on a wage or salary scale is primarily based on an evaluation; and

.when a school or district administrator's salary will be based on the school or district administrator's most recent evaluation.

The State Board of Education shall:(1) establish in rules a framework for the evaluation of school and district administrators that includes the following components:(a) student achievement indicators emphasizing learning growth and proficiency;(b) the results of an evaluation tool utilized by the local school board that includes input from employees, parents, and students.

. requires a public school's comprehensive emergency response plan to include procedures to provide information, to the extent practicable, to students who are off campus at the time of a school violence emergency.

. requires the State Board of Education to develop a notice about the Statewide Online Education Program; and

. requires a local education agency that enrolls eligible students to distribute the notice as a full pagein a prominent location inits registration materials and publish the notice in a prominent location on its website.

Halfway House Amendments (E. Hutchings) This bill: . provides that funds available in the Law Enforcement Services Account may be distributed to law enforcement agencies based on a formula established by the Commission on Criminal and Juvenile Justice to establish the marginal impact of placing parolees in halfway houses and parole violator centers within the jurisdiction of each law enforcement agency.

. changes the name of the Traumatic Spinal Cord and Brain Injury Rehabilitation Fund to the Spinal Cord and Brain Injury Rehabilitation Fund;

. directs the Division of Motor Vehicles to collect an additional 50 cent fee to register an off-highway vehicle and deposit the additional fees collected into the Spinal Cord and Brain Injury Rehabilitation Fund.

. requires the Department of Health, in consultation with the Division of Radiation Control, to develop a statewide electronic awareness campaign to educate the public regarding radon gas, including health risks, testing options, and remediation.

Forcible Entry Amendments (M. Roberts) This bill modifies the Utah Code of Criminal Procedure regarding the use of forcible entry by law enforcement officers when conducting a search or making an arrest.Highlighted Provisions: This bill:

. requires that the issuance of a warrant under the provisions of this bill shall be in accordance with Rule 40, Utah Rules of Criminal Procedure;

. amends existing law regarding the use of forcible entry by law enforcement officers when executing a warrant;

. requires law enforcement officers to identify themselves before forcing entry into a building;

. amends existing law to allow law enforcement officers to force entry into a building without first issuing a demand or explanation if there is probable cause to believe that evidence will be easily or quickly destroyed, or there is reason to believe giving notice will endanger the officer or another person;

. requires law enforcement officers to use the least amount of force necessary when executing forcible entry, as authorized; and providing an effective date.

. modifies the offense of aggravated sexual abuse of a child by providing a definition of the term "position of special trust" and clarifying that the definition H. of a teacher .H includes adult employees and volunteers at public and private schools;

. provides that specified sexual conduct against victims between 14 and 18 years of age are third degree felonies if committed by a school employee or volunteer; and

states in the Criminal Code that a sexual offense against a minor is a ground for the revocation of a teacher's license.

Joint Resolution on Jail Facilities (R. Greenwood) This bill modifies Title 78A, Chapter 6, Juvenile Court Act, by permitting a parent who has been served with a petition for termination of parental rights to request a jury trial.

. authorizes the Division of Air Quality to create rules that are more stringent than corresponding federal regulations if additional regulations will provide added protections to public health and the environment.

Government Immunity Wildlife Waiver Amendments (M. McKell)This bill: . provides that governmental immunity is not waived for injury related to the activity wildlife that arises during the use of a public or private road.

. provides that alternative parking for an individual who desires to transport, possess, receive, transfer, or store a firearm in the individual's motor vehicle may not be located on a public right-of-way.

. repeals the requirement that the Department of Public Safety make rules to authorize a person to operate a pedestrian vehicle on a public highway or sidewalk; . provides that a mobility vehicle is a vehicle that: . is certified by the Driver License Division for use by a person with a physical disability; and . complies with the requirements specified by the Driver License Division in administrative rules; . grants the Driver License Division rulemaking authority to make rules regarding the eligibility, procedures, and requirements for operating a mobility vehicle on a highway; . specifies application procedures and fees for a mobility vehicle permit; . prohibits a person from holding a driver license and a mobility vehicle permit; . repeals the provisions authorizing a mobility vehicle to be operated on a sidewalk; . provides that an applicant for a mobility vehicle permit is subject to medical review provisions;

. establishes procedures and requirements for the Office of Vital Records and Statistics (the office) to make the original birth certificate, for an adoption finalized before March 22, 1941, available for inspection; . provides that copies of adoption documents, relating to an adoption finalized on or after January 1, 2015, shall be made available for inspection:

. by an adultH. adoptee or a .H party to the adoption proceeding, unless the birth mother specifies otherwise; or

. provides that a birth mother may elect to make additional information, including an updated medical history, available for inspection by H. an adult adoptee or .H a party to the adoption proceeding; . provides for the establishment of fees relating to use of a mutual-consent, voluntary adoption registry (the registry) and other requests for adoption records;

. provides for the release of information from the registry if the birth parent dies;

. provides for funding, automating, improving, and advertising the services described in this bill; . requires the office to establish a fee relating to requesting adoption information and describes the funding and use of the fee.

Or you can watch, listen in or contact your legislator on line at
Utah
’s legislative website le.utah.gov

For more information, and to read new League’s studies “Funding
Utah
Public Education” and “Relocation of the
Utah
State Prison at Draper," visit ourhome page lwvutah.org

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